COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: John Laurie Bush, Jr. v. The State of Texas

Appellate case number: 01-18-00357-CR

Trial court case number: 221956

Trial court: County Court at Law No. 1 of Fort Bend County

The clerk’s record was filed on May 21, 2018. Because appellant did not pay for 

the reporter’s record, we notified appellant on January 24, 2019 that we would consider 

and decide the issues or points that do not require a reporter’s record for a decision. We 

thus ordered appellant’s brief to be filed by February 25, 2019. On March 13, 2019, we 

notified appellant that this case would be abated for a hearing pursuant to Texas Rule of 

Appellate Procedure 38.8(b) if a motion for extension along with appellant’s brief was not 

filed within 10 days. Nevertheless, appellant’s counsel, Jeff Purvis, has not filed a brief 

on appellant’s behalf.

We therefore abate the appeal and remand for the trial court to immediately conduct 

a hearing at which a representative of the Fort Bend County District Attorney’s Office and 

appellant’s counsel, Jeff Purvis, shall be present. TEX. R. APP. 38.8(b)(2). Appellant shall 

also be present for the hearing in person or, if appellant is incarcerated, at the trial court’s 

discretion, appellant may participate in the hearing by closed-circuit video 

teleconferencing.1

 

1 Any such teleconference must use a closed-circuit video teleconferencing system 

that provides for a simultaneous compressed full motion video and interactive 

communication of image and sound between the trial court, appellant, and any 

attorneys representing the State or appellant. On request of appellant, appellant and 

his counsel shall be able to communicate privately without being recorded or heard 

by the trial court or the attorney representing the State.
The trial court shall have a court reporter record the hearing. The trial court is 

directed to:

(1) make a finding on whether appellant wishes to prosecute the appeal; 

(2) if appellant does wish to prosecute the appeal, determine whether counsel Jeff 

Purvis has abandoned the appeal;

(3) if counsel Jeff Purvis has not abandoned the appeal:

a. inquire of counsel the reasons, if any, that he has failed to file a brief 

on appellant’s behalf; and

b. set a date certain when appellant’s brief is due, regardless of whether 

this Court has yet reinstated the appeal and no later than 30 days from 

the date of the hearing;

(4) if Jeff Purvis has abandoned this appeal, enter a written order relieving Jeff 

Purvis of his duties as appellant’s counsel, including in the order the basis for 

the finding of abandonment, determine whether appellant is indigent, and:

a. if appellant is now indigent, appoint substitute appellate counsel at no 

expense to appellant;

b. if appellant is not indigent, admonish appellant of the dangers and 

disadvantages of self-representation, and:

i. determine whether appellant is knowingly and intelligently 

waiving his right to counsel and, if so, obtain a written waiver of 

the right to counsel and set a date certain when appellant’s brief is 

due, regardless of whether this Court has yet reinstated the appeal 

and no later than 30 days from the date of the hearing; or,

ii. if appellant does not wish to proceed pro se, provide a deadline by 

which appellant must hire an attorney;

(5) make any other findings and recommendations the trial court deems 

appropriate; and

(6) enter written findings of fact, conclusions of law, and recommendations as to 

these issues, separate and apart from any docket sheet notations.

See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (d)(1), (f); TEX. R. APP. P. 38.8(b); 

Gonzalez v. State, 117 S.W.3d 831, 837 (Tex. Crim. App. 2003) (stating that presumption 

in favor of right to choice of counsel may be overridden by other factors relating to fair and 

orderly administration of justice); Webb v. State, 533 S.W.2d 780, 784, 785 (Tex. Crim. 

App. 1976) (stating that criminal defendant may not manipulate right to choose counsel so 

as to interfere with fair administration of justice; “The trial court should therefore admonish 

an accused who desires to represent himself regarding the wisdom and practical 

consequences of that choice.”); Carter v. State, No. 01-95-00977-CR, 1997 WL 184385, 

*1 (Tex. App.—Houston [1st Dist.] April 17, 1997, pet. ref’d) (not designated for 

publication) (“Thus, the public interest in the fair and orderly administration of justice may 

be greater than an accused’s right to have counsel of his own choice.”); cf. TEX. CODE 

CRIM. PROC. ANN. art. 1.051(g) (requiring trial court to advise defendant of dangers and 
disadvantages of self-representation prior to proceeding to trial), 26.04(j)(2) (authorizing 

trial court to order appointed counsel to withdraw after finding of good cause is entered on 

record).

The trial court clerk is directed to file a supplemental clerk’s record containing the 

trial court’s findings and recommendations with this Court within 30 days of the date of 

this order. The court reporter is directed to file the reporter’s record of the hearing within 

30 days of the date of this order. If the hearing is conducted by video teleconference, a 

certified video recording of the hearing shall also be filed in this Court within 30 days of 

the date of this order. 

The appeal is abated, treated as a closed case, and removed from this Court’s active 

docket. The appeal will be reinstated on this Court’s active docket when the supplemental 

clerk’s record and the reporter’s record are filed in this Court. The court coordinator of the 

trial court shall set a hearing date and notify the parties and the Clerk of this Court of such 

date. 

It is so ORDERED.

Judge’s signature: __Chief Justice Sherry Radack____

  Acting individually  Acting for the Court

Date: _April 30, 2019__